How can I go about EDC'ing my knife legally?

[BlindedByTheLite]

How can I go about EDC\'ing my knife legally?

i recently got a CRKT M16-03 that i'd like to EDC. but to my knowledge it's illegal.

i do know there's an application for carry, but i haven't been able to find what to send in, how to send one in, or where to send it in.

can someone help me out so i can carry this outside of my house? /ubbthreads/images/graemlins/help.gif

Edit:
this site helps alot tho. /ubbthreads/images/graemlins/blush.gif
http://www.packing.org/state/index.jsp/maine

 

[Fastlane]

Re: How can I go about EDC\'ing my knife legally?

What makes it illegal? Is it an automatic? Probably the place to start is the local sheriff's office. They are the ones who issue CWPs. In Oregon it is legal for a citizen to carry an auto knife if the clip is visible outside the pocket or inside a sheath with no special permit, but not down in the pocket. Laws vary from state to state.

 

[BlindedByTheLite]

Re: How can I go about EDC\'ing my knife legally?

well from what i understand, it's just plain illegal to carry a concealed knife unless you're a hunter, an LEO or you have a permit..

the Maine laws are kinda strange, to me @ least.

 

[keithhr]

Re: How can I go about EDC\'ing my knife legally?

wear it in a belt holder and it's not concealed.

 

[TOB9595]

Re: How can I go about EDC\'ing my knife legally?

I don't know the laws but HERE'S BLADEFORUMS FORUM ON THE KNIFE LAWS
Perhaps you can find what you need there.

Nice Blade, by the way /ubbthreads/images/graemlins/smile.gif
Tom

 

[Ratus]

Re: How can I go about EDC\'ing my knife legally?

I'm not lawyer, but I play one CPF. /ubbthreads/images/graemlins/grin.gif

You don't need a permit. A permit is just for a loaded handgun that is concealed on your person or in your car.

You don't want to carry a Firearm, just a large folding knife, right? /ubbthreads/images/graemlins/thinking.gif

As far as I can tell; there is no set length or any other specific restrictions other than "...bowie knife, dirk, stiletto or other dangerous or deadly weapon usually employed in the attack on or defense of a person..."
Title 25 Section 2001 "Threatening display of or carrying concealed weapon"
before 7/1/04 after 7/1/04

Title 17-A Sec. 1055 "Trafficking in dangerous knives" “...any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or any knife having a blade which opens or falls or is ejected into position by the force of gravity, or by an outward, downward or centrifugal thrust or movement.”

So as long as its not an “”Switchblade”, “Fighting Knife” or some sort of large fixed blade I think your ok.

It’s just a tool you use to open boxes or letters, cut you baloney sandwich in half, etc.

Here are some more links
bladeforums "...excellent on-line searchable law resources"

Findlaw.com for Maine

 

[Fastlane]

Re: How can I go about EDC\'ing my knife legally?

You can have a concealed handgun permit in Oregon that is issued by the sheriff which you should get if you want to carry a handgun in your car or concealed on your person. Even with that permit you cannot carry a concealed auto knife. Make no sense, but that's the law.

Since yours isn't an auto, you should be able to carry it with the pocket clip or in a belt sheath and be legal. Check with the sheriff if you can't get the answer online.

 

[Bravo25]

Re: How can I go about EDC\'ing my knife legally?

No don't check with the sheriff, or the police or any online resource. It doesn't really matter what you laws say, there is this thing called "case law". Which basically means that the courts have set a precident, and that is how you will be judged. Get a hold of a judge in your area, or call an attorney. Keep in mind that intimidation is still a tool of the judicial system, and if they are convinced you are doing something they don't like, they will try to convince you it is illegal. Good luck getting a straight answer.

 

[daloosh]

Re: How can I go about EDC\'ing my knife legally?

I play a lawyer here, too, and agree with both Ratus and Bravo25. The Maine law is quite skimpy, and many parts of its weapons laws have been repealed, so there isn't much guidance.

The "usually employed in the attack on or defense of a person" is the key term for you in the statute. If your knife is not for this attack/defense purpose, it should be ok. The M16 you have is a small to medium (blade 3-5/8") pocketknife and could surely be considered not usually employed for attack/defense. Facially, you have a good argument for complying with the law.

But the Maine statute has no definition of attack/defense, which takes you to the case law and a potential judge's personal preference. Court cases, which you would have to look up, may contain one where someone with a black, dagger-like knife wielded it as a weapon of attack. In addition, a judge could say, "well, it has a name like a military rifle, it must be for attack." And you might be SOL.

Here in New York City, the law is much clearer, any knife with a blade 4" or longer is prohibited (as well as other specified knives, like switchblades, gravity knives and so on), but the Maine law is short on explanation.

So while your position that it is not usually employed for attack/defense can be defended, understanding how courts have applied the statute would be wise.

daloosh

 

[Fastlane]

Re: How can I go about EDC\'ing my knife legally?

It is the sheriff or the police who would start the criminal justice process against you if there was a legal issue with carrying a small pocket knife in your jurisdiction. If they don't have a problem with it, it's not likely you would face a judge anyway.

 

[Bravo25]

Re: How can I go about EDC\'ing my knife legally?

[ QUOTE ]
Fastlane said:
It is the sheriff or the police who would start the criminal justice process against you if there was a legal issue with carrying a small pocket knife in your jurisdiction. If they don't have a problem with it, it's not likely you would face a judge anyway.

[/ QUOTE ]

If necessary I could post the city ordinaces, and all of the horrid details on CCW issue here. Let it just suffice to say that asking 10 different officers brought me 10 different responses on my quest for knowledge. Not a single one of which was in line with the city ordinances. Then a supervisor throws "case law" at me, and that ordinaces do not really matter to begin with. So if I want to know that I standing on stable ground I am going to go to the court, and find out. Especially since much of the seems open to interpretation on the street. Remembering that intimidation is a tool of the trade, should you talk to an officer that doesn't agree with you carring something, he has no obligation to tell you the truth. And in many situations he can make a judgement call based on his loose understanding of ordinances.

 

[simbad]

Re: How can I go about EDC\'ing my knife legally?

hi Bl, I have a CRKT M16 03 Z, and I carry it every day, is a great knife, ask about size to EDC because is a bit big,depends where you go with it....to any bar?..after the work...oops

 

[Fastlane]

Re: How can I go about EDC\'ing my knife legally?

I can see your point. (pun intended)

 

[BlindedByTheLite]

Re: How can I go about EDC\'ing my knife legally?

keith:
i dunno if i'd feel completely @ ease putting it on a belt holder. Maine is sort of split between ppl who are okay with carrying knives and who are completely against it (like a certain police chief of Portland, ME).. i guess i'll have to consult the state police chief..

tom:
thanks /ubbthreads/images/graemlins/grinser2.gif

ratus:
that's right, just the blade.. i was under the impression that the CCW laws still apply to blades too tho..
and it actually falls under the "ejected into position by force of gravity" piece of that law. if someone in a court could flick it open with a snap of the wrist i think that would work against me..
and again, the law is still unclear to me, since it is ever-changing in this state, and it being a tool to open boxes would be up to someone else, no matter what i said.. messed up right?

fastlane:
that's a strange CCW tidbit there. you still can't carry a blade? sheesh.
i may or may not consult the sheriff.. that'd be one of the easiest options, so it's tempting.. but if he looks @ me and sees a young 19 year old with two arrests, then i'm in trouble, even tho Maine's a SHALL state.

bravo:
don't worry, i don't plan on asking a sheriff.. if i get involved with the law, it'll only be writing to the chief of police for my CCW permit..
'cause for instance, Maine is supposed to be a SHALL state, however many many ppl are turned down on the basis that they've been arrested (not convicted) or even 'cause they're on certain antidepression pills.. ppl are appealing constantly here.
i've heard TONS of stories similar to yours.. ppl try to consult LEO's or even lawyers in some instances and get 50 different answers..

daloosh:
again, that's where i'm @ too.. i'm afraid it'll be left up to someone who is anti-knife and i'll end up losing my knife and getting fined.

simbad:
yeah, it is a bit on the bigger side for an EDC, but i'd only be taking it into the woods most of the time, but of course i'd like it in my pocket whenever i left my house..
i'd like to be able to take it to the bar (when i'm 21 /ubbthreads/images/graemlins/grinser2.gif) or to a party, or whatever, but i don't think i'd dare to with the state of the laws here.

thanks for replying yall. i will update with my findings after i start a little research..

if anyone still has input, keep it coming tho.

-Ryan

 

[_mike_]

Re: How can I go about EDC\'ing my knife legally?

Washington State changed it's CCW card from "Concealed Weapon" to Concealed Pistol" several years ago. Anything else is not included in what you can carry. Also, many times it's at the officers discretion on whether or not to charge you. Case in point, you may or may not get a speeding ticket ..... you may get off with a warning.

I would think, that as long as you are acting in a responsible manner, not waiving and flicking your knife around that you should be fine.

I personally would not ask any LEO's becasue as some have stated you may wind up getting different answers. But I just wouldn't want to draw that kind of attention to myself.

Another option is to not to clip a knife to your pocket. Keep it inside your pocket out of people's view. At that point, since it's no longer a "quick draw, fast access" knife, it may not be considered as much of a potential weapon.

Mike

 

[RebelRAM]

Re: How can I go about EDC\'ing my knife legally?

I'd say keep it out of sight and carry it when you want. Unless you are going into a building with metal detectors, then don't worry about it. The general public doesn't NEED to know everything you do.

In Alabama we have more of a knife guideline which is kind of fuzzy. It doesn't mention anything specifically except for a "bowie knife" But if you ask any LEO from any police department, they all say the same. The blade should be no longer than the width of your hand. Well everybody's hand is a different width. So one guy could be allowed a 5" blade and another guy only a 3" blade. Very open to interpretation.

Fortunately Alabama is very comfortable with guns and knives, so you can carry pretty much any knife you want and if you have a CCW, you can carry any pistol you want. That is NOT to say your CCW covers your knife, it doesn't, only your pistol. Knives are in no way affected by your CCW.

I travel to Tennessee a lot, but I don't worry about my knives there either. I think their laws are a little stricter, but I stay out of trouble and nobody bothers me, so it's a non-issue. And fortunately TN entered into reciprocity with AL recently, so I don't even have to worry about guns either, my CCW is now valid there too.

Wouldn't it be great if we could be one nation and have the same right to bear arms and knives law for the entire nation?!?! What a great concept. I think some really old guys a long time ago thought that up. I think I read it in a document somewheres... I think they called it the "Bill of Rights"

Ah well... enough ranting for now.

--Jason

 

[_mike_]

Re: How can I go about EDC\'ing my knife legally?

Hmmmm ...... Bill of Rights, Bill of Rights. Oh yeah, I remember that. What an awesome document, it must have got lost some time ago cuz nobody seems to refer to it when they enact new legislation. /ubbthreads/images/graemlins/frown.gif

Mike

 

[tsg68]

Re: How can I go about EDC\'ing my knife legally?

American Knife and Tool Institute is probably the best organization to align yourself with in regards to understanding knife law, educating folks about the falsehoods surrounding knives and fighting to repeal nonsense and nuisance knife legislation, they have actually done some good already in states like CA. Visit them here

Good organization, I suggest if you want your trampled and infringed upon civil rights back you join organizations like this and the NRA which are your best bets at fighting for your rights within the political system.

Tad /ubbthreads/images/graemlins/grin.gif

 

[BlindedByTheLite]

Re: How can I go about EDC\'ing my knife legally?

ah! the Bill of Rights! how archaic and esoteric! ha.

thanks for the link Tad! i'm not quite ready to make the step to joining the NRA but after reading some information alligning with the AKTI sounds like a great idea.

it's good to not have to worry.

 

[Samoan]

Re: How can I go about EDC\'ing my knife legally?

The laws in Texas are interesting. They don't have any real definitions of legal vs illegal knife. They leave it up to the act being committed with the knife.

My own funny story. Going into the courthouse with GF to clear up a ticket for her. As I'm entering the courthouse I remember the BM 710 in my pocket, not a small folder. I show it to the DPS agent at the metal detectors at the front door. To avoid any problems I offer to leave it with him while we're doing our business.

His response, "Son, we don't make you leave little frog-stickers at the door in Texas..."

I put it back in my pocket and walked away smiling.

-Fernando